NBC, Bani chiefs face court contempt charge
Two Managing Directors with National Bank of Commerce (NBC) Limited and Bani Investment Limited, Edward Marks and Gerald Kamanyile, respectively, have been charged before the High Court with court contempt for allegedly breaching and disobedience of a lawful injunctive order.
According to an application lodged by two persons, Mbezi Luxury Resort Limited and businessman Yohana Nyakibari, the two MDs are alleged to have violated the order issued by Judge Crescencia Makuru on March 18, last year, following a land dispute involving the two parties.
The two persons, who are applicants in the matter, are seeking orders to hold contemptuous Mr Marks and Mr Kamanyile and thereafter be detained as civil prisoners at Ukonga Maximum Security Prison for such court contempt.
Judge Makuru has already summoned all the parties to appear before her on March 6, without fail, when the matter would be mentioned. Advocate Emmanuel Msengezi, for the two persons, who are applicants in the matter, has requested the court to treat the case with utmost urgency.
The advocate stated in the certificate of urgency that his clients would suffer irreparable loss because the NBC and Bani Investment Limited, the respondents, were going to auction their landed properties they had allegedly mortgaged in a loan facility of about 2bn/-.
An affidavit sworn by Mr Lucian Kwai, the principal officer with Mbezi Luxury Resort Limited and supported by Mr Nyakibari, states that there is a Land Case No. 117/2014 between the parties, pending before the court of which one of the reliefs prayed regard the sale of the mortgaged properties.
It is stated that while the matter was under consideration of court, on March 7, 2016, Bani Investment Limited, under the instruction of NBC Limited advertised the sale by auction of the properties on Plot No. 1002 Block G, Mbezi Luis in the name of Mbezi Luxury Resort Limited.
Another property, according to the affidavit, is on Plot No. 166, 168 and 170 situated at Mikocheni registered in the name of Mr Nyakibari. Having realized that and being sure that the intended sale was illegal, the two applicants filed an application for injunctive orders.
Mr Kwai stated in the affidavit that the said application was heard and the ruling was given on March 18, 2016. He quotes the said ruling as saying,” Application is granted pending the determination of the main case; Land case No. 117/2014.” According to him, the prayers granted were in the form of interlocutory order, that is, for a finding that the intended sale was an abuse of the court process and an injunctive order.
The deponent states further that in blatant breach and disobedience of the said order of injunction, the respondents have put an advertisement top auction the properties over which an injunction was issued.
“The move to illegally auction the property therein has been directed and orchestrated by the principal officers of the respondents, namely Edward Marks and Gerard Kamanyile,” reads a part of the affidavit.
Mr Kwai further swore that the conduct of the respondents allegedly amount to an illegal interference of administration of justice that should be severely punished as prayed.
“Because of their conduct the respondents principal officers deserve to be detained as civil prisoners for six months and the applicants are ready to pay for their upkeep as it may be determined by the court,” he stated in the affidavit.